Oireachtas Joint and Select Committees

Wednesday, 10 November 2021

Select Committee on Housing, Planning and Local Government

Maritime Area Planning Bill 2021: Committee Stage (Resumed)

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I understand that point. I am trying to thrash this around so that I am clear in my own head. If it was the case that a stakeholder, an NGO or, for that matter, a concerned member of the public had brought matters to the attention of MARA that prompted it to investigate and impose sanctions, certainly MARA would have to defend its position in the court against an appeal by the authorisation holder that this was an unfair sanction. However, it might well be the case - I could certainly imagine a case - where the stakeholder itself or the NGO would say that, as well as whatever MARA will say, it wants to give evidence in these proceedings as to the reason it thinks MARA's decision is entirely justifiable and to represent its own position as the group that potentially had prompted the entire investigation in the first place. That is what I am asking. One could imagine there could be quite controversial matters going on in a court between MARA and the authorisation holder where those stakeholders might state that they have a strong view on this and they want to give their evidence to the court as to why they think sanction is, indeed, justified and MARA has acted correctly in these circumstances.

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